This case has been cited 3 times or more.
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2015-07-08 |
BERSAMIN, J. |
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| Contrary to the rulings of the lower courts, Anacleto was barred by law from inheriting from the estate of Joaquina. To start with, Anacleto could not inherit from Joaquina by right of representation of Nicolas, the legitimate son of Joaquina.[46] Under Article 992 of the Civil Code, an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; in the same manner, such children or relatives shall not inherit from the illegitimate child. As certified in Diaz v. Intermediate Appellate Court,[47] the right of representation is not available to illegitimate descendants of legitimate children in the inheritance of a legitimate grandparent. And, secondly, Anacleto could not inherit from the estate of Joaquina by virtue of the latter's last will and testament, i.e., the Katapusan Tugon (Testamento) (Exhibit K). Article 838 of the Civil Code dictates that no will shall pass either real or personal property unless the same is proved and allowed in accordance with the Rules of Court. We have clarified in Gallanosa v. Arcangel[48] that in order that a will may take effect, "it has to be probated, legalized or allowed in the proper testamentary proceeding. The probate of the will is mandatory." It appears that such will remained ineffective considering that the records are silent as to whether it had ever been presented for probate, and had been allowed by a court of competent jurisdiction. The petitioners alleged this fact in their complaint, and the respondents did not controvert the allegation. In the absence of proof showing that the supposed will of Joaquina had been duly approved by the competent court, we hold that it had not been so approved. Hence, we cannot sustain the CA's ruling to the effect that Joaquina had bequeathed her properties to Anacleto by will, and that the properties had been transmitted to him upon her death. | |||||
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2014-01-15 |
BRION, J. |
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| Pursuant to Executive Order (E.O.) No. 405,[7] the LBP valued the property at P1,126,132.89.[8] Yatco did not find this valuation acceptable and thus elevated the matter to the Department of Agrarian Reform (DAR) Provincial Agrarian Reform Adjudicator (PARAD) of San Pablo City, which then conducted summary administrative proceedings for the determination of just compensation.[9] | |||||
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2011-09-05 |
DEL CASTILLO, J. |
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| On September 30, 1997, respondent sought the exemption of 27 parcels of land located in Barangay Aga, Nasugbu, Batangas, having an aggregate area of 21.1236 hectares and constituting portions of the land covered by Transfer Certificate of Title (TCT) No. T-44664 from the coverage of CARP, pursuant to DAR Administrative Order (AO) No. 6, Series of 1994.[4] The application was docketed as DAR ADM Case No. A-9999-014-98. | |||||